Termination and Suspension. 10.1. Notwithstanding the Term of the License Agreement established herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other party except as provided in Section 10.2 below. 10.1.1. In the event that the termination effective date does not correspond with the expiration of the current Term of this License Agreement, USPS shall allow the continued use of the Service Materials through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-rated basis for the time period between the end of the Term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term of the License Agreement. 10.2. If USPS determines that Licensee at any time during the Term of this License Agreement fails to comply with or fulfill any of the terms or conditions hereof, or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licensee, USPS may, solely at its discretion, terminate this License Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and shall provide Licensee with a period of no greater than thirty (30) days to cure all defects to the satisfaction of USPS and avoid termination. 10.3. Upon receipt of any written notice of termination from USPS, Licensee shall immediately notify its customers of the termination date. 10.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License Agreements. 10.5. If the Licensee at any time during the Term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPS, USPS may, solely at its discretion, suspend Licensee’s right to use the Service Materials or the USPS Trademarks by sending Licensee a notice of suspension. Upon receiving notification of the suspension, Licensee shall cease the activities specified by USPS until authorized in writing by USPS that the activities may be resumed. USPS shall not be obligated to continue to provide the Service Materials to Licensee, nor shall USPS be obligated to reimburse any fees for use of the Service Materials upon issuance of a notice of suspension or termination. 10.6. Upon expiration or termination of the Agreement, Licensee shall immediately: 10.6.1. Cease advertising and using the Service Materials; 10.6.2. Refund to customers any sums received for Services that Licensee has not yet provided. 10.6.3. Destroy and/or deliver to USPS the Service Materials along with all whole or partial copies thereof; and 10.6.4. Deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above. 10.7. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement. 10.8. No waiver by either party of a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent default or breach of a like or similar nature. 10.9. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 5 contracts
Sources: Licensing Agreement, Licensing Agreement, Licensing Agreement
Termination and Suspension. 10.19.1. Notwithstanding the Term term of the License Agreement established herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other party except as provided in Section 10.2 belowparty.
10.1.19.2. In the event that the termination effective date does not correspond with the expiration of the current Term of Developer cancels this License Agreement, USPS shall allow the continued use of the Service Materials through the termination date. Licensee shall pay will retain all license fees set forth in paid to USPS under this License Agreement on a pro-rated basis for the time period between the end of the Term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term of the License Agreement.
10.29.3. If USPS determines that Licensee Developer at any time during the Term term of this License Agreement fails to comply with or fulfill any of the terms or conditions hereof, or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licensee, USPS may, solely at its discretion, terminate this License Agreement by sending Licensee Developer a notice of termination. The notice shall state the reasons for the termination and shall provide Licensee Developer with a period of no greater than thirty (30) days to cure all defects to the satisfaction of USPS and avoid termination.
10.3. Upon receipt of any written notice of termination from USPS, Licensee shall immediately notify its customers of the termination date.
10.49.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License AgreementsAgreement.
10.59.5. If Solely at the Licensee discretion of the USPS, USPS may, as an interim measure in lieu of termination, suspend Developer’s rights under this Agreement if USPS determines that Developer at any time during the Term term of this License Agreement fails to comply with or fulfill any of the terms or conditions of this License Agreement or any other License Agreement hereof. The Suspension shall be effective in accordance with USPS, the reasons and terms USPS may, solely at its discretion, suspend Licensee’s right communicates to use the Service Materials or the USPS Trademarks by sending Licensee a notice of suspensionDeveloper. Upon receiving notification of the suspension, Licensee Developer shall cease the activities specified by USPS USPS. Developer will have no right to resume such activities until authorized in writing by USPS that Developer takes the activities may be resumed. USPS shall not be obligated necessary actions to continue resolve the reasons for the suspension to provide the Service Materials to Licensee, nor shall USPS be obligated to reimburse any fees for use satisfaction of the Service Materials upon issuance of a notice of suspension or terminationUSPS, which shall be communicated in writing.
10.69.6. Upon expiration or termination of the Agreement, Licensee shall immediatelyDeveloper agrees to:
10.6.19.6.1. Cease advertising cease all development, testing, or other use of the Interface, the NCOALink Product, and using the Service Materialsother Licensed Material;
10.6.29.6.2. Refund to customers any sums received for Services that Licensee has not yet provided.
10.6.3. Destroy destroy and/or deliver to USPS the Service NCOALink Product, and all other Licensed Materials along with all whole or partial copies thereofof the foregoing; and
10.6.49.6.3. Deliver deliver to the USPS a notarized statement signed by an officer of Licensee Developer confirming return and/or destruction of the items identified above.
10.79.6.3.1. Notwithstanding any such expiration or termination, Licensee Developer shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.89.7. No waiver by either party of a breach or a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent breach or default or breach of a like or similar nature.
10.99.8. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of a breach of this Agreement by Licensee Developer shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 4 contracts
Sources: Licensing Agreement, License Agreement, License Agreement
Termination and Suspension. 10.1. Notwithstanding the Term of the License Agreement established herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other party except as provided in Section 10.2 below.
10.1.1. In the event that the termination effective date does not correspond with the expiration of the current Term of this License Agreement, USPS shall allow the continued use of the Service Materials through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-rated basis for the time period between the end of the Term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term of the License Agreement.
10.2. If USPS determines that Licensee at any time during the Term of this License Agreement fails to comply with or fulfill any of the terms or conditions hereof, or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licensee, USPS may, solely at its discretion, terminate this License Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and shall provide Licensee with a period of no greater than thirty (30) days to cure all defects to the satisfaction of USPS and avoid termination.
10.3. Upon receipt of any written notice of termination from USPS, Licensee shall immediately notify its customers of the termination date.
10.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License Agreements.
10.5. If the Licensee at any time during the Term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPS, USPS may, solely at its discretion, suspend Licensee’s right to use the Service Materials or the USPS Trademarks by sending Licensee a notice of suspension. Upon receiving notification of the suspension, Licensee shall cease the activities specified by USPS until authorized in writing by USPS that the activities may be resumed. USPS shall not be obligated to continue to provide the Service Materials to Licensee, nor shall USPS be obligated to reimburse any fees for use of the Service Materials upon issuance of a notice of suspension or termination.
10.6. Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.1. Cease advertising and using the Service Materials;
10.6.2. Refund to customers any sums received for Services that Licensee has not yet provided.
10.6.3. Destroy and/or deliver to USPS the Service Materials along with all whole or partial copies thereof; and
10.6.4. Deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above.
10.7. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.8. No waiver by either party of a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent default or breach of a like or similar nature.
10.9. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 3 contracts
Sources: Licensing Agreement, Licensing Agreement, Licensing Agreement
Termination and Suspension. 10.111.1. Notwithstanding the Term of the License Agreement established herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other party except as provided in Section 10.2 11.2 below.
10.1.111.1.1. In the event that the termination effective date does not correspond with the expiration of the current Term of this License Agreement, USPS shall allow the continued use of the Service Materials Subject Matter through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-rated basis for the time period between the end of the Term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term of the License Agreement.
10.211.2. If USPS determines that Licensee at any time during the Term of this License Agreement fails to comply with or fulfill any of the terms or conditions hereof, hereof or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licensee, USPS may, solely at its discretion, terminate this License Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and shall provide Licensee with a period of no greater than thirty (30) days to cure all defects to the satisfaction of USPS and avoid termination.
10.311.3. USPS shall incur no liability for any reason due to the termination of this Agreement.
11.4. Upon receipt of any written notice of termination from USPS, Licensee shall immediately notify its customers Users of the termination date and modify Licensee’s Product to reflect that its use of the Subject Matter will expire upon the termination date.
10.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License Agreements.
10.511.5. If the Licensee at any time during the Term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPSAgreement, USPS may, solely at its discretion, suspend Licensee’s right to use the Service Materials Subject Matter or the USPS Trademarks by sending Licensee a notice of suspension. Upon receiving notification of the suspension, Licensee shall cease the activities specified by USPS until authorized in writing by USPS that the activities may be resumed. USPS shall not be obligated to continue to provide the Service Materials Subject Matter to Licensee, Licensee nor shall USPS be obligated to reimburse any fees for use of the Service Materials Subject Matter upon issuance of a notice of suspension or termination.
10.611.6. Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.111.6.1. Cease advertising and using the Service Materialsproviding Subject Matter and Licensee’s Product;
10.6.211.6.2. Refund to customers Users any sums received for Services use of the Subject Matter that Licensee has not yet provided.provided to the Users;
10.6.311.6.3. Destroy and/or deliver to USPS the Service Materials Interface and all other Subject Matter along with all whole or partial copies thereofof the foregoing; and
10.6.411.6.4. Deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above.
10.711.7. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.811.8. No waiver by either party of a breach or a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent breach or default or breach of a like or similar nature.
10.911.9. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of a breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 2 contracts
Sources: Licensing Agreement, Distribution Agreement
Termination and Suspension. 10.19.1. Notwithstanding the Term of the License Agreement established herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other party except as provided in Section 10.2 9.2 below.
10.1.19.1.1. In the event that the termination effective date does not correspond with the expiration of the current Term of this License Agreement, USPS shall allow the continued use of the Service Licensed Materials through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-pro- rated basis for the time period between the end of the Term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term of the License Agreement.
10.29.2. If USPS determines that Licensee at any time during the Term of this License Agreement fails to comply with or fulfill any of the terms or conditions hereof, or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licensee, USPS may, solely at its discretion, terminate this License Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and shall provide Licensee with a period of no greater than thirty (30) days to cure all defects to the satisfaction of USPS and avoid termination.
10.3. Upon receipt of any written notice of termination from USPS, Licensee shall immediately notify its customers of the termination date.
10.49.3. USPS shall incur no liability for any reason due to the termination of this Agreement or other License AgreementsAgreement.
10.59.4. If the Licensee at any time during the Term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPS, USPS may, solely at its discretion, as an interim measure in lieu of termination, suspend Licensee’s right to use the Service Licensed Materials or the USPS Trademarks by sending Licensee a notice of suspension. Upon receiving notification of the suspension, Licensee shall cease the activities specified by USPS until authorized in writing by USPS that the activities may be resumed. USPS shall not be obligated to continue to provide the Service Licensed Materials to LicenseeLicensee for its own use, nor shall USPS be obligated to reimburse any fees for use of the Service Materials upon issuance of a notice of suspension or terminationLicensed Materials.
10.69.5. Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.19.5.1. Cease advertising and using the Service Materials;
10.6.2. Refund to customers any sums received for Services that Licensee has not yet provided.
10.6.3. Destroy destroy and/or deliver to USPS the Service NCOALink Product and all other Licensed Materials along with all whole or partial copies thereof; and
10.6.49.5.2. Deliver deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above.
10.79.6. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.89.7. No waiver by either party of a breach or a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent breach or default or breach of a like or similar nature.
10.99.8. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of a breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 2 contracts
Sources: License Agreement, License Agreement
Termination and Suspension. 10.111.1. Notwithstanding the Term of the License Agreement established herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other party except as provided in Section 10.2 11.2 below.
10.1.111.1.1. In the event that the termination effective date does not correspond with the expiration of the current Term of this License Agreement, USPS shall allow the continued use of the Service Materials Subject Matter through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-rated basis for the time period between the end of the Term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term of the License Agreement.
10.211.2. If USPS determines that Licensee at any time during the Term of this License Agreement fails to comply with or fulfill any of the terms or conditions hereof, hereof or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licensee, USPS may, solely at its discretion, terminate this License Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and shall provide Licensee with a period of no greater than thirty (30) days to cure all defects to the satisfaction of USPS and avoid termination.
10.311.3. USPS shall incur no liability for any reason due to the termination of this Agreement.
11.4. Upon receipt of any written notice of termination from USPS, Licensee shall immediately notify its customers Users of the termination date and modify Licensee’s Product to reflect that its use of the Subject Matter will expire upon the termination date.
10.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License Agreements.
10.511.5. If the Licensee at any time during the Term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPSAgreement, USPS may, solely at its discretion, suspend Licensee’s right to use the Service Materials Subject Matter or the USPS Trademarks by sending Licensee a notice of suspension. Upon receiving notification of the suspension, Licensee shall cease the activities specified by USPS until authorized in writing by USPS that the activities may be resumed. USPS shall not be obligated to continue to provide the Service Materials Subject Matter to Licensee, Licensee nor shall USPS be obligated to reimburse any fees for use of the Service Materials Subject Matter upon issuance of a notice of suspension or termination.
10.611.6. Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.111.6.1. Cease advertising and using the Service Materialsproviding Subject Matter and Licensee’s Product;
10.6.211.6.2. Refund to customers Sublicensees any sums received for Services use of the Subject Matter that Licensee has not yet provided.provided to the Sublicensees;
10.6.311.6.3. Destroy and/or deliver to USPS the Service Materials Interface and all other Subject Matter along with all whole or partial copies thereofof the foregoing; and
10.6.411.6.4. Deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above.
10.711.7. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.811.8. No waiver by either party of a breach or a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent breach or default or breach of a like or similar nature.
10.911.9. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of a breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 2 contracts
Sources: Distribution Agreement, Distribution Agreement
Termination and Suspension. 10.1. Notwithstanding the Term of the License Agreement established herein, either party A. COUNTY may terminate this License Agreement Contract in whole or in part upon sixty 15 days written notice to the CONTRACTOR in the event that the CONTRACTOR under this contract:
1. Materially breaches any duty, obligation, or service required pursuant to this Contract;
2. Engages in misappropriation of funds or misconduct as described in the Mono County Personnel System; or
3. The duties, obligations, or services herein become illegal, or not feasible. Before the COUNTY terminates this Contract pursuant to this Section XV, the COUNTY shall provide the CONTRACTOR written notice of termination, which shall include the reasons for termination and the effective date of termination. The CONTRACTOR shall have the opportunity to submit a written response to the COUNTY within ten working days from the date of the COUNTY’S notice. If the CONTRACTOR elects to submit a written response, the CAO will review the response and make a determination within ten days after receipt. In the event the CONTRACTOR does not concur with the determination of the CAO, the CONTRACTOR may request a review of the decision by the County Board of Supervisors. In the event the County Board of Supervisors reaffirms termination, the Contract shall terminate in ten days from the date of the final decision of the County Board of Supervisors. The Contract will remain in full force pending such termination. CONTRACTOR understands and agrees that any such decision shall be final and binding and shall not be appealable nor otherwise subject to judicial review of any kind.
B. CONTRACTOR reserves the right to terminate this Contract with cause with 15 days written notice should the COUNTY materially breach any duty, obligation or service pursuant to this Contract. Prior to such termination, CONTRACTOR shall provide COUNTY with written notice of the alleged breach and COUNTY shall have 30 days in which to cure the breach. In the event that the CONTRACTOR terminates this Contract for reasons other than good cause resulting from a material breach of this Contract by the COUNTY, the CONTRACTOR shall be liable for damages, including the excess costs of the procurement of similar services from another source, unless it is determined by the CAO that (60i) days no default actually occurred, or (ii) the failure to perform was without the CONTRACTOR’S control, fault or negligence.
C. COUNTY or CONTRACTOR may terminate this Contract at will and without cause by providing one hundred and eighty (180) days’ written notice to the other party except as provided in Section 10.2 belowof the intent to terminate.
10.1.1D. Following termination or suspension of this Contract, the CONTRACTOR shall continue to represent clients that were previously assigned, at an hourly rate determined by the Courts, and the COUNTY will be liable for any payments owed for the completion of that work. In The CONTRACTOR shall remit to the event COUNTY any monies paid for cases not yet assigned or work not performed under the Contract. The CAO may request that the termination effective date does CONTRACTOR attempt to withdraw from any case assigned and not correspond with completed, and in that event, CONTRACTOR shall use best efforts to so withdraw. Should a court require, after the expiration CONTRACTOR has attempted to withdraw, the appearance of counsel from the CONTRACTOR on behalf of any client previously represented by the CONTRACTOR where such representation is no longer the obligation of the current Term CONTRACTOR pursuant to the terms of this License AgreementContract, USPS shall allow the continued use of the Service Materials through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-rated basis for the time period between the end of the Term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term of the License Agreement.
10.2. If USPS determines that Licensee at any time during the Term of this License Agreement fails to comply with or fulfill any of the terms or conditions hereof, or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licensee, USPS may, solely at its discretion, terminate this License Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and shall provide Licensee with a period of no greater than thirty (30) days to cure all defects COUNTY will honor payment to the satisfaction of USPS and avoid terminationCONTRACTOR upon judicial verification that continued representation is required.
10.3. Upon receipt of any written notice of termination from USPS, Licensee shall immediately notify its customers of the termination date.
10.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License Agreements.
10.5. If the Licensee at any time during the Term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPS, USPS may, solely at its discretion, suspend Licensee’s right to use the Service Materials or the USPS Trademarks by sending Licensee a notice of suspension. Upon receiving notification of the suspension, Licensee shall cease the activities specified by USPS until authorized in writing by USPS that the activities may be resumed. USPS shall not be obligated to continue to provide the Service Materials to Licensee, nor shall USPS be obligated to reimburse any fees for use of the Service Materials upon issuance of a notice of suspension or termination.
10.6. Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.1. Cease advertising and using the Service Materials;
10.6.2. Refund to customers any sums received for Services that Licensee has not yet provided.
10.6.3. Destroy and/or deliver to USPS the Service Materials along with all whole or partial copies thereof; and
10.6.4. Deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above.
10.7. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.8. No waiver by either party of a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent default or breach of a like or similar nature.
10.9. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 1 contract
Sources: Indigent Defense Services Agreement
Termination and Suspension. 10.1. Notwithstanding 9.1 Either party shall have the Term of the License Agreement established herein, either party may right to terminate this License Agreement upon sixty (60) days written notice to the other party except as provided in Section 10.2 below.
10.1.1. In the event that the termination effective date does not correspond with the expiration of the current Term of this License Agreement, USPS shall allow the continued use of the Service Materials through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-rated basis for the time period between the end of the Term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term of the License Agreement.
10.2such termination. If USPS determines that Licensee at any time during the Term term of this License Agreement fails shall fail to comply with or fulfill any of the terms or conditions hereof, or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licenseethereof, USPS may, solely at its discretion, terminate this License the Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and may, but shall not be required to, provide Licensee with a period of no greater than thirty (30) calendar days to cure all defects to the satisfaction of USPS and avoid termination. Said termination shall be without liability to USPS.
10.39.2 Licensee shall, upon the termination date, cease advertising and selling and filling orders for the DSF2 services. Monies received for orders not yet filled as of the termination date shall be refunded to purchasers within fifteen (15) business days of receipt of the termination notice.
9.3 At the sole discretion of the Contracting Officer or his designees, USPS may, as an interim measure, send Licensee a suspension directive. A suspension directive will state the reasons for suspension and direct Licensee to cease the activities specified in the suspension directive until Licensee makes the necessary corrections and the corrections are verified by USPS. Upon receipt of any written notice of termination from USPSthe suspension notice, Licensee shall immediately notify its customers of the termination date.
10.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License Agreements.
10.5. If the Licensee at any time during the Term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPS, USPS may, solely at its discretion, suspend Licensee’s right to use the Service Materials or the USPS Trademarks by sending Licensee a notice of suspension. Upon receiving notification of the suspension, Licensee shall cease the such specified activities specified by USPS until authorized in writing by USPS the Contracting Officer that the such activities may be resumed. USPS shall not be obligated to continue to provide the Service Materials to Licensee, nor shall USPS be obligated to reimburse any fees for use of the Service Materials upon issuance of a notice of suspension or termination.
10.6. 9.4 Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.1. Cease advertising shall, at the direction and using to the Service Materials;
10.6.2. Refund to customers any sums received for Services that Licensee has not yet provided.
10.6.3. Destroy and/or deliver satisfaction of USPS, destroy or return to USPS the Service DSF2 Licensed Materials along with and all whole or partial copies thereof; and
10.6.4. Deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above.
10.7. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.8. No waiver by either party of a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent default or breach of a like or similar nature.
10.9. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 1 contract
Sources: License Agreement
Termination and Suspension. 10.1. Notwithstanding 7.1 Either party shall have the Term of the License Agreement established herein, either party may right to terminate this License Agreement upon sixty (60) days written notice to the other party except as provided in Section 10.2 below.
10.1.1. In the event that the termination effective date does not correspond with the expiration of the current Term of this License Agreement, USPS shall allow the continued use of the Service Materials through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-rated basis for the time period between the end of the Term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term of the License Agreement.
10.2such termination. If USPS determines that Licensee at any time during the Term term of this License Agreement fails shall fail to comply with or fulfill any of the terms or conditions hereof, or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licenseethereof, USPS may, solely at its discretion, terminate this License the Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and may, but shall not be required to, provide Licensee with a period of no greater than thirty (30) calendar days to cure all defects to the satisfaction of USPS and avoid termination. Said termination shall be without liability to USPS.
10.37.2 Licensee shall, upon the termination date, cease advertising and selling and filling orders for Licensee products that incorporate DPV pursuant to this Agreement. Monies received for orders not yet filled as of the termination date shall be refunded to purchasers within fifteen (15) business days of receipt of the termination notice.
7.3 At the sole discretion of the Contracting Officer or his designees, USPS may, as an interim measure, send Licensee a suspension directive. A suspension directive will state the reasons for suspension and direct Licensee to cease the activities specified in the suspension directive until Licensee makes the necessary corrections and the corrections are verified by USPS. Upon receipt of any written notice of termination from USPSthe suspension notice, Licensee shall immediately notify its customers of the termination date.
10.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License Agreements.
10.5. If the Licensee at any time during the Term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPS, USPS may, solely at its discretion, suspend Licensee’s right to use the Service Materials or the USPS Trademarks by sending Licensee a notice of suspension. Upon receiving notification of the suspension, Licensee shall cease the such specified activities specified by USPS until authorized in writing by USPS the Contracting Officer that the such activities may be resumed. USPS shall not be obligated to continue to provide the Service Materials to Licensee, nor shall USPS be obligated to reimburse any fees for use of the Service Materials upon issuance of a notice of suspension or termination.
10.6. 7.4 Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.1. Cease advertising shall, at the direction and using to the Service Materials;
10.6.2. Refund to customers any sums received for Services that Licensee has not yet provided.
10.6.3. Destroy and/or deliver satisfaction of USPS, destroy or return to USPS the Service Materials along with DPV Product materials and all whole or partial copies thereof; and
10.6.4. Deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above.
10.7. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.8. No waiver by either party of a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent default or breach of a like or similar nature.
10.9. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 1 contract
Sources: License Agreement
Termination and Suspension. 10.112.1. Notwithstanding the Term term of the License Agreement established herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other party except as provided in Section 10.2 belowparty.
10.1.112.2. In the event that the termination effective date does not correspond with the expiration of the current Term term of this License Agreement, USPS shall allow the continued use of the Service Licensed Materials through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-rated basis for the time period between the end of the Term term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term term of the License Agreement.
10.212.3. In the event Licensee cancels this Agreement, USPS will retain all fees paid to USPS under this Agreement.
12.4. If USPS determines that Licensee at any time during the Term term of this License Agreement fails to comply with or fulfill any of the terms or conditions hereof, or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licensee, USPS may, solely at its discretion, terminate this License Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and shall provide Licensee with a period of no greater than thirty (30) days to cure all defects to the satisfaction of USPS and avoid termination.
10.312.5. USPS shall incur no liability for any reason due to the termination of this Agreement.
12.6. Upon receipt of any written notice of termination from USPS, Licensee shall immediately notify its customers of the termination date and modify Licensee’s Product to reflect that its use of the Licensed Materials will expire upon the termination date.
10.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License Agreements.
10.512.7. If the Licensee at any time during the Term term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPSAgreement, USPS may, solely at its discretion, suspend Licensee’s right to use the Service Licensed Materials or the USPS Trademarks by sending Licensee a notice of suspension. Upon receiving notification of the suspension, Licensee shall cease the activities specified by USPS Licensee until authorized in writing by USPS that the activities may be resumed. USPS shall not be obligated to continue to provide the Service Licensed Materials to Licensee for its own use or for the use of any of Licensee’s End Users, nor shall USPS be obligated to reimburse any fees for use of the Service Licensed Materials upon issuance of a notice of suspension or termination.
10.612.8. Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.112.8.1. Cease advertising cease advertising, selling and using providing Licensee’s Product and/or the Service MaterialsLACSLink Product;
10.6.212.8.2. Refund refund to customers any sums received for Services Licensee’s Product or the LACSLink Product that Licensee has not yet provided.provided to the customers;
10.6.312.8.3. Destroy and/or cease all development, testing, or other use of the Interface, the LACSLink Product, and other Licensed Materials;
12.8.4. deliver to USPS the Service LACSLink Product, the Interface, and all other Licensed Materials along with all whole or partial copies thereofof the foregoing; and
10.6.412.8.5. Deliver deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above.
10.712.9. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.812.10. No waiver by either party of a breach or a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent breach or default or breach of a like or similar nature.
10.912.11. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of a breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 1 contract
Sources: Licensing Agreement
Termination and Suspension. 10.111.1. Notwithstanding the Term term of the License Agreement established herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other party except as provided in Section 10.2 belowparty.
10.1.111.2. In the event that the termination effective date does not correspond with the expiration of the current Term term of this License Agreement, USPS shall allow the continued use of the Service Licensed Materials through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-rated basis for the time period between the end of the Term term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term term of the License Agreement.
10.211.3. In the event Licensee cancels this Agreement, USPS will retain all fees paid to USPS under this Agreement.
11.4. If USPS determines that Licensee at any time during the Term term of this License Agreement fails to comply with or fulfill any of the terms or conditions hereof, or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licensee, USPS may, solely at its discretion, terminate this License Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and shall provide Licensee with a period of no greater than thirty (30) days to cure all defects to the satisfaction of USPS and avoid termination.
10.311.5. USPS shall incur no liability for any reason due to the termination of this Agreement.
11.6. Upon receipt of any written notice of termination from USPS, Licensee shall immediately notify its customers of the termination date.
10.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License Agreements.
10.511.7. If the Licensee at any time during the Term term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPSAgreement, USPS may, solely at its discretion, suspend Licensee’s right to use the Service Licensed Materials or the USPS Trademarks by sending Licensee a notice of suspension. Upon receiving notification of the suspension, Licensee shall cease the activities specified by USPS Licensee until authorized in writing by USPS that the activities may be resumed. USPS shall not be obligated to continue to provide services to Licensee for its own use or for the Service Materials to use of any of Licensee’s customers, nor shall USPS be obligated to reimburse any fees for use of the Service Licensed Materials upon issuance of a notice of suspension or termination.
10.611.8. Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.111.8.1. Cease advertising cease advertising, selling and providing services using the Service MaterialsLACSLink Product;
10.6.211.8.2. Refund refund to customers any sums received for Services services using the LACSLink Product that Licensee has not yet provided.provided to the customers;
10.6.311.8.3. Destroy and/or cease all use of the LACSLink Product, and other Licensed Materials;
11.8.4. deliver to USPS the Service LACSLink Product and all other Licensed Materials along with all whole or partial copies thereofof the foregoing; and
10.6.411.8.5. Deliver deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above.
10.711.9. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.811.10. No waiver by either party of a breach or a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent breach or default or breach of a like or similar nature.
10.911.11. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of a breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 1 contract
Sources: Licensing Agreement
Termination and Suspension. 10.1. Notwithstanding Either you or the Term of the License Agreement established herein, either party Bank may terminate this License Agreement upon sixty ten (6010) calendar days advance written notice to the other party except as provided in Section 10.2 below.
10.1.1other. In the event that the termination effective date does not correspond with the expiration of the current Term of If you terminate this License Agreement, USPS shall allow you will be responsible for any transfers that are processed before we receive and have a reasonable opportunity to act upon the continued use of the Service Materials notice. You may want to separately cancel any recurring transfers scheduled through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-rated basis for the time period between the end of the Term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term of the License Agreement.
10.2Bill Pay. If USPS determines you do not use Online Banking for twelve (12) consecutive months, we will consider such non-use as notice that Licensee you have terminated your subscription to Online Banking. If you do not access the Bill Pay Service to pay a bill for six (6) consecutive months, we will consider such non-use as notice that you have terminated your Bill Pay service. You also may terminate this Agreement in its entirety or any one or more Services at any time during by calling ▇▇▇-▇▇▇-▇▇▇▇. If you terminate Online Banking, you authorize us to continue making any transfers and bill payments you have previously authorized through Online Banking until such time as we have had a reasonable opportunity to act upon your termination notice. Once we have acted upon your termination notice (including termination by non-use, as provided above), we will make no further transfers or bill payments from your Online Accounts, regardless of whether you previously have authorized them through Online Banking. If the Term Bank terminates your use of Online Banking, the Bank reserves the right to make no further transfers or bill payments from your Online Accounts, including any transfers or bill payments you previously have authorized through Online Banking. The provisions of this License Agreement fails that relate to comply with any obligation or fulfill any of the terms or conditions hereofliability arising prior to termination, or the Licensee Performance Requirements, or resolution of any other License Agreement between USPS and Licenseedispute regarding such obligation or liability, USPS mayshall survive termination of the Agreement. Additionally, solely at its discretion, we may terminate this License Agreement by sending Licensee a at any time without advance notice of termination. The notice shall state the reasons for the termination and shall provide Licensee with a period of no greater than thirty (30) days to cure all defects to the satisfaction of USPS and avoid termination.
10.3. Upon receipt of any written notice of termination from USPS, Licensee shall immediately notify its customers of the termination date.
10.4. USPS shall incur no liability for any reason due to the termination of if we reasonably believe you have breached this Agreement or other License Agreements.
10.5violated any applicable law. If the Licensee at This Agreement will automatically terminate if you do not maintain an Account with us, if you withdraw your consent to receive notices and disclosures electronically, if any time during the Term of license granted under this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPSagreement related to Bill Pay, USPS mayOnline Banking or Mobile Banking is terminated, solely at its discretionor if we discontinue offering Online Banking, suspend Licensee’s right to use the Service Materials Mobile Banking or the USPS Trademarks by sending Licensee a notice of suspensionBill Pay. Upon receiving notification of the suspension, Licensee shall cease the activities specified by USPS until authorized in writing by USPS that the activities may be resumed. USPS shall not be obligated to continue to provide the Service Materials to Licensee, nor shall USPS be obligated to reimburse any fees for use of the Service Materials upon issuance of a notice of suspension or termination.
10.6. Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.1you will no longer be able to use Online Banking, Mobile Banking or Bill Pay. Cease advertising However, you will be responsible for transfers that are processed prior to termination and using for your other obligations under this Agreement. Furthermore, we may but are not required to suspend use of Mobile Banking, Online Banking or Bill Pay without terminating this Agreement if we are unable to process a transfer due to insufficient funds in one of the Service Materials;
10.6.2. Refund to customers any sums received for Services that Licensee Accounts, Online Banking, Mobile Banking or Bill Pay has not yet provided.
10.6.3. Destroy and/or deliver to USPS the Service Materials along with all whole or partial copies thereof; and
10.6.4. Deliver to the USPS a notarized statement signed been used by an officer Authorized User for three months, there are three or more unsuccessful attempts to log into Online Banking or Mobile Banking, or we reasonably suspect fraudulent activity has or may occur in connection with any Account or in connection with Online Banking, Mobile Banking or Bill Pay generally. If we suspend use of Licensee confirming return and/or destruction Mobile Banking, Online Banking or Bill Pay, you must call us at ▇▇▇-▇▇▇-▇▇▇▇ or ▇▇▇-▇▇▇-▇▇▇▇. A representative is available between the hours of the items identified above7:30 a.m. to 5:30 p.m. (Central Standard Time) Monday through Friday and 8:00 a.m. to 1:00 p.m. (Central Standard Time) on Saturday; except holidays, or other required closure.
10.7. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.8. No waiver by either party of a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent default or breach of a like or similar nature.
10.9. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 1 contract
Sources: Electronic Banking Agreement
Termination and Suspension. 10.1. Notwithstanding the Term term of the License Agreement established herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other party except as provided in Section 10.2 belowparty.
10.1.110.2. In the event that the termination effective date does not correspond with the expiration of the current Term term of this License Agreement, USPS shall allow the continued use of the Service Licensed Materials through the termination date. Licensee shall pay all license fees set forth in this License Agreement on a pro-rated basis for the time period between the end of the Term of the current License Agreement and the termination date specified by USPS in the event the termination date extends beyond the Term of the License Agreement.
10.210.3. If USPS determines that Licensee at any time during the Term term of this License Agreement fails to comply with or fulfill any of the terms or conditions hereof, or the Licensee Performance Requirements, or of any other License Agreement between USPS and Licensee, USPS may, solely at its discretion, terminate this License Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and shall provide Licensee with a period of no greater than thirty fifteen (3015) calendar days to cure all defects to the satisfaction of USPS and avoid termination.
10.310.4. USPS shall incur no liability for any reason due to the termination of this Agreement.
10.5. Upon receipt of any written notice of termination from USPS, Licensee shall immediately notify its customers of the termination date and modify Licensee’s Product to reflect that its use of the Licensed Materials will expire upon the termination date.
10.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License Agreements.
10.510.6. If the Licensee at any time during the Term term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPSAgreement, USPS may, solely at its discretion, suspend Licensee’s right to use the Service Licensed Materials or the USPS Trademarks by sending Licensee a notice of suspension. In addition, USPS may, solely at its discretion, revoke Licensee’s CASS Certification. Upon receiving notification of the suspension, Licensee shall cease the activities specified by USPS until authorized in writing by USPS that the activities may be resumed. USPS shall not be obligated to continue to provide the Service Licensed Materials to Licensee, nor shall USPS be obligated to reimburse any fees Licensee for its own use or for the use of the Service Materials any of Licensee’s Users upon issuance of a notice of suspension or termination.
10.6. Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.1. Cease advertising and using the Service Materials;
10.6.2. Refund to customers any sums received for Services that Licensee has not yet provided.
10.6.3. Destroy and/or deliver to USPS the Service Materials along with all whole or partial copies thereof; and
10.6.4. Deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above.
10.7. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.8. No waiver by either party of a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent default or breach of a like or similar nature.
10.9. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 1 contract
Sources: License Agreement
Termination and Suspension. 10.1. Notwithstanding the Term of the License Agreement established herein7.1 Notice, either party may terminate this License Agreement upon sixty (60) days written notice Cure, Breach, Termination
7.1.1 Licensee must immediately cease, or be forced to the other party except as provided in Section 10.2 below.
10.1.1. In the event that the termination effective date does not correspond with the expiration of the current Term of this License Agreementcease, USPS shall allow the continued all use of the Service Licensed Materials through if Licensee does not properly execute, comply with, and maintain as current all fees under this Agreement required for Licensee to exercise the termination date. rights to use the Licensed Materials.
7.1.2 If Licensee shall pay all license fees set forth in breaches any material term or provision of this License Agreement on a pro-rated basis for the time period between the end of the Term of the current License Agreement and fails to cure the termination date specified breach within ten (10) calendar days after the written notice is issued by USPS identifying the breach (or such longer period of time as set by USPS in the event the termination date extends beyond the Term of the License Agreementsaid notice), this Agreement will automatically terminate.
10.2. 7.1.3 If USPS determines that Licensee at fails to make any time during the Term of payment required by this License Agreement or fails to comply with or fulfill any of the terms or conditions hereof, or the Licensee Performance Requirements, or of any other License Agreement between USPS terms of this Agreement, other than a material breach under the preceding subsection, and Licensee, USPS may, solely at its discretion, terminate this License Agreement by sending Licensee a notice of termination. The notice shall state the reasons for the termination and shall provide Licensee with a period of no greater than does not cure such failure within thirty (30) calendar days to cure all defects to after the satisfaction of USPS and avoid terminationwritten notice is issued by USPS, this Agreement will automatically terminate.
10.3. Upon receipt of any written notice of termination from 7.1.4 USPS, Licensee shall immediately notify solely in its customers of own sole discretion, may extend the termination datedeadlines set forth above. To be valid, any such extension must be in a writing signed by an appropriate USPS official.
10.4. USPS shall incur no liability for any reason due to the termination of this Agreement or other License Agreements.
10.5. 7.1.5 If the Licensee at any time during the Term term of this License Agreement fails to comply with any of the terms or conditions of this License Agreement or any other License Agreement with USPSAgreement, USPS may, solely at its own discretion, suspend Licensee’s right to use the Service Licensed Materials or any of the USPS Trademarks trademarks by sending Licensee a notice of suspension. Upon receiving notification of the suspension, Licensee shall cease the activities specified by USPS Licensee until authorized in writing by USPS that the activities may be resumed. USPS shall not be obligated to continue to provide the Service Licensed Materials to Licensee, Licensee nor shall USPS be obligated to reimburse any fees for use of the Service Licensed Materials upon issuance of a notice of suspension or termination.
10.6. Upon expiration or termination of the Agreement, Licensee shall immediately:
10.6.1. Cease advertising and using the Service Materials;
10.6.2. Refund to customers any sums received for Services that Licensee has not yet provided.
10.6.3. Destroy and/or deliver to USPS the Service Materials along with all whole or partial copies thereof; and
10.6.4. Deliver to the USPS a notarized statement signed by an officer of Licensee confirming return and/or destruction of the items identified above.
10.7. Notwithstanding any such expiration or termination, Licensee shall remain obligated to abide by the confidentiality provisions of this Agreement.
10.8. No waiver by either party of a default or breach of this Agreement shall be deemed a waiver by such party of a subsequent default or breach of a like or similar nature.
10.9. Resort by USPS to any remedies referred to in this License Agreement or arising by reason of breach of this Agreement by Licensee shall not be construed as a waiver by USPS of its right to resort to any and all other legal and equitable remedies available to USPS.
Appears in 1 contract
Sources: License Agreement